“It’s not a right to roam!  It is managed access on foot to open land,” says Hedd Pugh, a farmer from Blaencywarch, near Dinas Mawddwy.  It’s an important clarification and one that landowners are keen to get across.  All over England and Wales, more than 4 million acres of open, uncultivated countryside (mountain, moor, heath and common land) are being opened up for exploration.  Whilst this new right of access has been welcomed by walkers, some rural organisations have strong reservations.

          Caroline Bedell, National Access Advisor of the Country Land and Business Association explains why.  “The CLA did not support the Countryside and Rights of Way Act 2000 during the parliamentary process, but now that it is place we are concentrating on making the act workable on the ground, so that the correct balance is struck between public access and the ability of the owner to earn an economic return.”

          Implementing this new right across the country has been a long process, with Cheshire and parts of the North West leading the way since 19^th September 2004, and Wales since 28^th May 2005.  With effect from 31^st October 2005, Shropshire and Herefordshire will also have designated areas of Access Land. 

          Some areas of the media have referred to this as the ‘Right to Roam’, which is very misleading.  The act does not allow people to wander anywhere they please.  What it does mean, is that people are able to explore specific areas of designated land on foot.  These areas are called “Access Land” and signs will be in place showing people when they are entering or leaving it.  Look out for the brown man on a brown hill against a white background, as you enter an area.  When you leave access land, you may see a similar logo but with a diagonal red line striking through it.

          The new right of access only applies to people on foot.  But almost any activity that you would normally carry out on foot can be carried out on Access Land.  This includes walking, sight seeing, photography, climbing, running and bird watching.  Cycling and Horse Riding are not permitted, so these activities will have to remain on the lanes and bridleways that they currently use.  However, existing rights of way are not affected by the new Access Land designation, so if a bridleway crosses an area of Access Land then a horse rider or cyclist can cross that Access Land, but they must not deviate from the bridleway.

          Walkers are free to wander anywhere within the Access Land.  All these areas will be marked on the new Ordnance Survey maps in yellow shading with an orange border.  This is why the new designation has been phased in since September 2004.  Every map has had to be reviewed, updated, reprinted and distributed across the UK into the shops. 

          The ownership of Access Land has not changed.  Whereas some areas may be owned by organisations promoting access such as the National Trust or the Forestry Commission, much of it is still owned by private individuals and farmers, who earn their living from this landscape.  All that has changed is that the general public now have a right to access this land responsibly.

          As a result, landowners have the right to restrict access by the public to this designated land.  This can be for any reason for a period of up to 28 days a year.  Landowners can also apply for longer restrictions for reasons such as safety, land management requirements or to protect wildlife.  If any restrictions apply, notices will be erected at the various entry points to the Access Land affected.

          If you have to travel to reach an area of designated Access Land, always check before travelling whether any restrictions currently apply.  This is easily done through the comprehensive websites established by the relevant Government Agencies to maintain this information.  (In England visit www.countrysideaccess.gov.uk and in Wales see www.csaw.ccw.gov.uk/index.html).  

Even though an area of land may be designated as Access Land on a map, there are still some areas where you have no right of access.  You are not allowed:

·         within 20 metres of a house, courtyard, a building containing livestock, 

·         In quarries, or railways or tramways,

·         On golf courses, race courses or race horse training gallops,

·         On arable land or temporary livestock pens,

·         On land underneath telephone masts or electricity pylons.

Your personal right of access to these areas can also be withdrawn.  A landowner can individuals from a particular area for up to 72 hours, and can apply for a court injunction forcing persistent rule breakers to stay away.  But if landowners see people breaking the rules, they’ve got to have the time to collect evidence and then apply to the courts to impose the ban.  This is in addition to their existing jobs and duties.  Caroline Bedell of the CLA says that many landowners have reservations about the public entering their land.  “Recently a CLA survey showed that it cost on average £3,500 per annum to manage public access, which included time dealing with escaped stock, livestock worrying, fly tipping, damage to walls, fences etc by members of the public.  One of the main concerns is the dog factor and that farmers are often dealing with issues arising from dogs which are not under control, which can lead to loss of income to a hill farmer, and danger to the public where they are in close proximity with suckler cows.”

          As a result, dog owners have extra responsibilities.  Between 1^st March and 31^st July every year, all their dogs must be on a lead of no more than 2 metres in length at all times when on Access Land.  This is to minimise disruption to ground nesting birds.  Outside of these dates, a dog must be under close control.  However, where Access Land contains livestock, all dogs must be on a lead at all times.

          Access Land is a great opportunity.  Although some areas of land designated as Access Land have already been open to the public (such as common land and heath land), in England a further 8% is being opened up, whereas in Wales it’s a staggering 20%.  The Forestry Commission has also used this exercise as an opportunity to open up more of their land permanently. 

          Malcolm Wilkinson, Group Secretary of the Vale of Clwyd Ramblers is excited by the new opportunities.  “After many years of campaigning by the Rambler’s Association we now have a legal right of access on foot to some of the most spectacular and dramatic scenery in England and Wales, opening up new opportunities for responsible walkers to explore new routes.  For example, in the Berwyns it is now possible to reach the summit of hills like Godor and Glan-hafon.”

          This is the benefit that many walkers are looking forward to – seeing views and experiencing new challenges on land previously denied access.  The CLA have concerns that these new rights may disperse people across the countryside, affecting rural businesses.  However Dennis Downey, proprietor of North Herefordshire Conducted Country Walking, says he’s looking forward to the new opportunities.  “I believe the right will enable me to offer more diverse walks for people’s holidays.  It will open up a lot more of the Marches to walkers.”

          This new right of access is going to be a challenge for everyone.  A challenge to prove that both sides can work together and respect each other’s wishes.  Walkers may have the right but as Malcolm Wilkinson says, “enjoy your walk, but please exercise responsibility.”

          The Countryside Agency has recently revised the Country Code which should be followed at all times, especially when on Access Land.  Many people have fought for this right, so it’s important that we don’t let them down, nor the landowners who have been forced to comply with this new legislation.